Psychic complicity: between everything and nothingness

Abstract

The work deals with delimiting the scope of application of the so-called psychic complicity, basically addressing two questions. The first is whether the behaviors not punished by the rest of the forms of participation in the crime really leave a surplus space that deserves a judgment of criminal reproach for the contribution to the result. Secondly, if so, the requirements and presuppositions that condition their punishment. In this regard, it is argued that there is a need to introduce a series of limits that restrictively refine the cases in which this figure is applied in order to avoid its conversion into a sort of catch-all to which ethically reprehensible conduct can be redirected or, in any case, conduct that deserves punishment in the criminal order in accordance with other qualifications.